51072 (28 May 2022)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

Name of applicant: [ ]

Application number: 51072

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The application is refused under paragraph 11 of the scheme.

1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. In his application for compensation under the original Scheme, dated the [ ], and received by the Tribunal on the [ ], the Applicant stated that he suffered a fractured eye socket and broken nose following an assault on the [ ].

3. There is a Garda letter on file dated the [ ], stating that a Garda report could not be released to the Tribunal as criminal cases were due before the Courts on the [ ]. There is no further correspondence form he Gardaí.

4. There is no medical report on file. Civil proceedings were pending at the time of making the application.

5. There is a receipt for €66 for the HSE and a prescription receipt on file.

6. The Applicant brought this application within three months of the alleged crime and is therefore within the time limit for bringing such a claim.

7. Paragraph 11 of the original scheme states that ‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise’.

8. The Applicant in this case has not provided any reasonable assistance to the Tribunal in terms of submitting a full overview of his case. There is no Garda report and there are no medical reports.

9. There is a letter on file dated the [ ], asking the Applicant if he wanted to pursue this claim. He was requested to reply to the Tribunal by the [ ]. However, no response has been received.

10. The Applicant has not provided reasonable assistance to the Tribunal in relation to this claim. In the circumstances, where the Applicant has failed to engage with the Tribunal since [ ], the Tribunal finds that the Applicant’s claim fails due to the failure to provide it with reasonable assistance.

Majella Twomey

Criminal Injuries Compensation Tribunal

28 May 2022